HomeMy WebLinkAboutRES 096 Draft 01 1994-1996COUNTY OF HAWAII. STATE OF HAWAII
RESOLUTION N0. ~ 9~
A RESOLUTION URGING THE GOVERNOR OF THE STATE OF HAWAII TO VETO
SENATE BILL 1766, H. D. 1 WHICH WOULD REQUIRE EACH COUNTY TO PROVIDE
RESIDENTIAL DETENTION FOR PRE-ARRAIGNMENT DETAINEES.
WHEREAS, prior to 1973, each county maintained jails and housed
detainees and prisoners who were not sentenced felons; and
WHEREAS, Act 179, Session Laws of 1973, transferred the
responsibility of all county jails, county personnel assigned to the
jails and county jail functions to the State; and
WHEREAS, Executive Order 75-3 transferred to the State all of
the rights and powers exercised by the County of Hawaii in the
operation of the Hawaii County Jail; and
WHEREAS, in spite of Act 179, SLH 1973 and Executive Order 75-3,
the State commenced a policy of not accepting pre-arraignment
detainees; and
WHEREAS, in 1994, the State House of Representatives, in House
Resolution 319 stated that under Act 179, SLH 1973, pre-arraignment
detainees were included as part of the State's responsibility; and
WHEREAS, despite this statement of legislative intent, the State
continued its policy regarding pre-arraignment detainees; and
WHEREAS, as a result of this action, Hawaii County was forced
to, among other things, take patrol officers from their neighborhood
beats and have them serve as corrections officers at the Hilo Police
Station, delay the service of warrants due to the lack of space to
accommodate the arrestees, and prioritize the prisoners who were to
be released, as opposed to those who would be retained, in Hilo's
five cell facility; and
r
WHEREAS, as a last resort, the County of Hawaii was forced to
file suit against the State to try to force them to accept their
responsibility and to ensure the public safety and welfare,
resulting in a ruling which held that the State was responsible for
taking custody of pre-arraignment detainees, which the state has
since appealed; and
WHEREAS, S.B. 1766, H.D. 1 would have an unfair and burdensome
effect on the taxpayers of the County of Hawaii, making it the
County's responsibility to pay approximately $1,860,000 to build the
holding cells that this bill requires, an additional $1,209,098 for
personnel and another $200,000 for operating costs; and
WHEREAS, the Department of Public Safety has acknowledged that
it currently has the funds to build more holding cells at the Hawaii
Community Correctional Center in Hilo, however it will not utilize
these monies for construction but instead expects the County to
provide the funds to fulfill their statutory responsibility; and
WHEREAS, it is unfair to place mandates upon the counties which
up to this point have been the responsibility of the State without
providing the counties the funds with which to implement these
mandates; and
WHEREAS, it may be unconstitutional for the State to place
unfunded mandates upon the counties; and
WHEREAS, the veto of S. B. 1766, H.D. 1 would foreclose the need
for further litigation and reinforce the fact that the
responsibility to provide and further care for prisoners remains
with the State, by those who are trained and equipped to do so,
better assuring the safety and welfare of both the public and the
prisoners.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that it urges the Governor of the State of Hawaii to veto
Senate Bill 1766, H. D. 1.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii
transmit copies of this Resolution to the Honorable Benjamin J.
Cayetano, Governor of the State of Hawaii, the Honorable Stephen K.
Yamashiro, Mayor of the County of Hawaii, the Honorable Norman
Mizuguchi, President of the Senate, the Honorable Joseph M. Souki,
Speaker of the House of Representatives, and Mr Georqe iranon,
Director of the State Department of Public Safety.
Dated at Hilo, Hawaii this 3rd day of Mav 1995.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
MEMBER, COUNTY OF HAWAII
COL
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I hereby certify that the fr
vote indicated to the righ
the County of Hawaii on
ATTEST:
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
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Reference C-363
RESOLUTION NO. 9G ~$